Lilith
08-26-2003, 01:37 PM
By Monica Laganparsad and Tania Broughton
A gentle rape. This "concept", introduced by a senior KwaZulu-Natal advocate in the Pietermaritzburg High Court, has raised eyebrows in legal circles and angered women and children's rights campaigners.
At issue is the submission of David Gordon SC, before a full bench of the High Court, in his argument for the acquittal of attorney Robinson Manzi who was sentenced to 14 years in jail for raping a 14-year-old girl.
The state wants the sentence increased but Manzi wants the conviction set aside. Gordon argued that the sentence was "too hearty".
'The worst thing a man can do to a woman is rape'
He said there had been no evidence of psychological damage to the victim and submitted that it could have been termed a "gentle rape".
He withdrew this remark when Judge Pete Combrinck suggested there was no such thing but went on to to say the rape had apparently not been "so traumatic for the victim that she was unable to enjoy the snacks and luxuries of the Hilton Hotel" where Manzi put her up for the night with her cousin after the incident.
Judgment in the appeal has been reserved.
Sharita Samuel, an attorney with the Women's Rights Project at the Durban Legal Resources Centre, wrote to Independent Newspapers to say that, despite the withdrawal of some of the submissions, they represented a real danger to advances made in South Africa in convicting and sentencing rapists.
"It undermines the objectives and efforts of those trying to secure fundamental guarantees that women in many other parts of the world take for granted," she wrote.
"Such arguments and submissions in the public arena by highly respected members of the Bar represent real obstacles to lawyers committed to using the law and litigation as tools to secure substantive equality for all South Africans."
Childline Durban director Linda Dhabicharan said a child was powerless when being raped: "Even if the child used the word gentle, it does not make it any less of a violation or betrayal of trust."
Gordon said he had been quoting the victim. "If you look at the record, that description came from the complainant. When asked to describe the accused's physical conduct, she used the word gentle."
He did not tolerate any kind of violence towards women. "The worst thing a man can do to a woman is rape - but the worst thing a woman can do to a man is falsely accuse him of rape."
KwaZulu-Natal Society of Advocates chairman Nirmal Singh said it was an advocate's duty to make whatever argument he could justifiably make on behalf of his client.
However, he did not want to comment further until judgment had been given on the appeal.
A gentle rape. This "concept", introduced by a senior KwaZulu-Natal advocate in the Pietermaritzburg High Court, has raised eyebrows in legal circles and angered women and children's rights campaigners.
At issue is the submission of David Gordon SC, before a full bench of the High Court, in his argument for the acquittal of attorney Robinson Manzi who was sentenced to 14 years in jail for raping a 14-year-old girl.
The state wants the sentence increased but Manzi wants the conviction set aside. Gordon argued that the sentence was "too hearty".
'The worst thing a man can do to a woman is rape'
He said there had been no evidence of psychological damage to the victim and submitted that it could have been termed a "gentle rape".
He withdrew this remark when Judge Pete Combrinck suggested there was no such thing but went on to to say the rape had apparently not been "so traumatic for the victim that she was unable to enjoy the snacks and luxuries of the Hilton Hotel" where Manzi put her up for the night with her cousin after the incident.
Judgment in the appeal has been reserved.
Sharita Samuel, an attorney with the Women's Rights Project at the Durban Legal Resources Centre, wrote to Independent Newspapers to say that, despite the withdrawal of some of the submissions, they represented a real danger to advances made in South Africa in convicting and sentencing rapists.
"It undermines the objectives and efforts of those trying to secure fundamental guarantees that women in many other parts of the world take for granted," she wrote.
"Such arguments and submissions in the public arena by highly respected members of the Bar represent real obstacles to lawyers committed to using the law and litigation as tools to secure substantive equality for all South Africans."
Childline Durban director Linda Dhabicharan said a child was powerless when being raped: "Even if the child used the word gentle, it does not make it any less of a violation or betrayal of trust."
Gordon said he had been quoting the victim. "If you look at the record, that description came from the complainant. When asked to describe the accused's physical conduct, she used the word gentle."
He did not tolerate any kind of violence towards women. "The worst thing a man can do to a woman is rape - but the worst thing a woman can do to a man is falsely accuse him of rape."
KwaZulu-Natal Society of Advocates chairman Nirmal Singh said it was an advocate's duty to make whatever argument he could justifiably make on behalf of his client.
However, he did not want to comment further until judgment had been given on the appeal.